Billerica OKs moratorium on recreational pot sales

BILLERICA -- The town bought itself some time Thursday night on the "complicated" issues that come with recreational marijuana establishments.

On the final night of the annual fall Town Meeting, representatives approved a moratorium on the sale of recreational marijuana, giving town officials time to draft a bylaw that would address zoning regulations and enforcement. The moratorium, which will be in effect through Dec. 31, 2018, passed 108-40.

Town Manager John Curran said the moratorium will "protect the town's interests."

"We would freeze everything, and make those decisions (zoning) over the next year," Curran said.

"It makes all the sense in the world to do," he added.

More than 80 communities across the state have established either a ban or moratorium on recreational marijuana sales, which won't be allowed until next year. Some communities, including Billerica, want to have regulations in place when that's allowed.

Area communities that have approved moratoriums include Tewksbury, Wilmington, Burlington and Littleton.

Police Chief Dan Rosa said the town "understands the will of the voters." However, the town needs time to vet these "complicated issues" and come up with regulations, he stressed to Town Meeting members.

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"It's a very reasonable thing," said Town Meeting Rep. Fred Liberatore.

It wasn't the first time the town approved a marijuana moratorium. More than three years ago, Town Meeting approved a temporary moratorium on medical-marijuana treatment centers. This allowed time for Billerica to figure out zoning regulations for the facilities.

Then in the fall of 2014, Town Meeting voted to establish an overlay district, meaning the town has a dedicated area for any proposed medical-marijuana dispensaries; they can only be located in an industrial zone around Republic Road, Esquire Road and Sterling Road, near the Route 3 exit for Treble Cove Road.

The town will now consider adopting new zoning bylaws for recreational marijuana establishments.

Detractors Thursday night said the town could benefit quicker from marijuana sales if there was no moratorium.

"Start taxing it and using the money for our schools," Selectman George Simolaris said. "And use the money to educate the youth about the dangers of marijuana."

Wolfe added that residents will go out of town to purchase marijuana, and will be "stoned" driving home.

"Blood will be on the hands of people who vote for this," she said.

Town Meeting Rep. Justin Damon said a moratorium would be against the residents who supported the marijuana question on the November ballot. He said this will "stop and halt potential revenue."

Damon proposed an amendment to have the moratorium go until Oct. 1, 2018 -- instead of Dec. 31, 2018. The amendment failed 45-99.

In addition, Town Meeting narrowly rejected a zoning bylaw change at a residence next to Mac's Two Lounge at 176 Boston Road, which is on the market for sale.

The town proposed a change at 172 Boston Road, amending the map to include this within the Planned Unit Development (PUD) overlay district. It was barely short of the two-thirds approval needed, on a 98-50 vote.

Officials had urged representatives to approve this change so there could be "more development flexibility in the district," Curran said.

"It's all about being proactive," the town manager said. "Your job is to do proactive planning."

Selectman Kim Conway said the town has a thoughtful plan for these lots in North Billerica.

"Bring Billerica into development," Conway said. "We'd much prefer to have an office or restaurant there than The Lounge."

However, opponents of the zoning bylaw change knocked the proposal because there's no specific project there.

"It doesn't make any sense to me," Selectman Mike Rosa said.

"A developer can come to Town Meeting and show us the project," he added about a potential plan in the future.

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